Florida Senate - 2014                                     SB 696
       
       
        
       By the Committee on Transportation
       
       
       
       
       
       596-01183-14                                           2014696__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         repealing s. 316.530(3), F.S., relating to load limits
    4         for certain towed vehicles; amending s. 316.545, F.S.;
    5         increasing the weight used in calculating whether a
    6         vehicle equipped with fully functional idle-reduction
    7         technology is overweight; updating terminology;
    8         amending s. 332.007, F.S.; authorizing the department
    9         to fund strategic airport investments; providing
   10         criteria; amending s. 334.044, F.S.; prohibiting the
   11         department from entering into a lease-purchase
   12         agreement with certain transportation authorities;
   13         providing that certain lease-purchase agreements are
   14         not invalidated; providing an exception from the
   15         requirement to purchase all plant materials from
   16         Florida commercial nursery stock; amending s. 338.161,
   17         F.S.; revising the authorization of the department to
   18         enter into an agreement with an owner of a
   19         transportation facility under which the department
   20         uses its electronic toll collection and video billing
   21         systems to collect for the owner certain charges for
   22         use of the owner’s transportation facility; amending
   23         s. 338.26, F.S.; revising the uses of fees generated
   24         from Alligator Alley tolls to include the cost of
   25         design and construction of a fire station that may be
   26         used by certain local governments and certain related
   27         operating costs; providing that excess tolls, after
   28         payment of certain expenses, be transferred to the
   29         Everglades Trust Fund in accordance with a specified
   30         memorandum; removing authority of the South Florida
   31         Water Management District to issue bonds or notes;
   32         amending ss. 343.82 and 343.922, F.S.; removing
   33         references to advances from the previously repealed
   34         Toll Facilities Revolving Trust Fund as a source of
   35         funding for certain authority projects; amending s.
   36         373.4137, F.S.; providing legislative intent that
   37         environmental mitigation be implemented in a manner
   38         that promotes efficiency, timeliness in project
   39         delivery, and cost-effectiveness; revising the
   40         criteria for the environmental impact inventory and
   41         for mitigation of projected impacts identified in the
   42         environmental impact inventory; requiring the
   43         Department of Transportation to include funding for
   44         environmental mitigation for projects in its work
   45         program; revising the process and criteria for the
   46         payment by the department or participating
   47         transportation authorities of mitigation implemented
   48         by water management districts or the Department of
   49         Environmental Protection; revising the requirements
   50         for the payment to a water management district or the
   51         Department of Environmental Protection of the costs of
   52         mitigation planning and implementation of the
   53         mitigation required by a permit; revising the payment
   54         criteria for preparing and implementing mitigation
   55         plans adopted by water management districts for
   56         transportation impacts based on the environmental
   57         impact inventory; adding federal requirements for the
   58         development of a mitigation plan; providing for
   59         transportation projects in the environmental
   60         mitigation plan for which mitigation has not been
   61         specified; revising a water management district’s
   62         responsibilities relating to a mitigation plan;
   63         amending s. 373.618, F.S.; subjecting certain public
   64         information systems to local government review or
   65         approval and to the requirements of ch. 479, F.S.,
   66         relating to outdoor advertising; providing an
   67         effective date.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Subsection (3) of section 316.530, Florida
   72  Statutes, is repealed.
   73         Section 2. Subsection (3) of section 316.545, Florida
   74  Statutes, is amended to read:
   75         316.545 Weight and load unlawful; special fuel and motor
   76  fuel tax enforcement; inspection; penalty; review.—
   77         (3) A Any person who violates the overloading provisions of
   78  this chapter is shall be conclusively presumed to have damaged
   79  the highways of this state by reason of such overloading, and a
   80  fine shall be assessed which damage is hereby fixed as follows:
   81         (a) When the excess weight is 200 pounds or less than the
   82  maximum herein provided in this chapter, the fine is penalty
   83  shall be $10;
   84         (b) Five cents per pound for each pound of weight in excess
   85  of the maximum herein provided in this chapter if when the
   86  excess weight is greater than exceeds 200 pounds. If However,
   87  whenever the gross weight of the vehicle or combination of
   88  vehicles is not greater than does not exceed the maximum
   89  allowable gross weight, the maximum fine for the first 600
   90  pounds of unlawful axle weight is shall be $10;
   91         (c) For a vehicle equipped with fully functional idle
   92  reduction technology, the fine is any penalty shall be
   93  calculated by reducing the actual gross vehicle weight or the
   94  internal bridge weight by the certified weight of the idle
   95  reduction technology or by 550 400 pounds, whichever is less.
   96  The vehicle operator must present written certification of the
   97  weight of the idle-reduction technology and must demonstrate or
   98  certify that the idle-reduction technology is fully functional
   99  at all times. This calculation is not allowed for vehicles
  100  described in s. 316.535(6);
  101         (d) An apportionable vehicle, as defined in s. 320.01,
  102  operating on the highways of this state which is not without
  103  being properly licensed and registered is shall be subject to
  104  the penalties as provided in this section; and
  105         (e) A vehicle Vehicles operating on the highways of this
  106  state from nonmember International Registration Plan
  107  jurisdictions which is are not in compliance with the provisions
  108  of s. 316.605 is shall be subject to the penalties as herein
  109  provided in this section.
  110         Section 3. Subsection (10) is added to section 332.007,
  111  Florida Statutes, to read:
  112         332.007 Administration and financing of aviation and
  113  airport programs and projects; state plan.—
  114         (10) The department may fund strategic airport investment
  115  projects at up to 100 percent of the project’s cost if:
  116         (a) Important access and on-airport capacity improvements
  117  are provided;
  118         (b) Capital improvements that strategically position the
  119  state to maximize opportunities in international trade,
  120  logistics, and the aviation industry are provided;
  121         (c) Goals of an integrated intermodal transportation system
  122  for the state are achieved; and
  123         (d) Feasibility and availability of matching funds through
  124  federal, local, or private partners are demonstrated.
  125         Section 4. Subsections (16) and (26) of section 334.044,
  126  Florida Statutes, are amended to read:
  127         334.044 Department; powers and duties.—The department shall
  128  have the following general powers and duties:
  129         (16) To plan, acquire, lease, construct, maintain, and
  130  operate toll facilities; to authorize the issuance and refunding
  131  of bonds; and to fix and collect tolls or other charges for
  132  travel on any such facilities. Notwithstanding any other law,
  133  the department may not enter into a lease-purchase agreement
  134  with an expressway authority, regional transportation authority,
  135  or other entity. This provision does not invalidate a lease
  136  purchase agreement authorized under chapter 348 or chapter 2000
  137  411, Laws of Florida, existing as of July 1, 2013, and does not
  138  limit the department’s authority under s. 334.30.
  139         (26) To provide for the enhancement of environmental
  140  benefits, including air and water quality; to prevent roadside
  141  erosion; to conserve the natural roadside growth and scenery;
  142  and to provide for the implementation and maintenance of
  143  roadside conservation, enhancement, and stabilization programs.
  144  At least No less than 1.5 percent of the amount contracted for
  145  construction projects shall be allocated by the department on a
  146  statewide basis for the purchase of plant materials. Department
  147  districts may not expend funds for landscaping in connection
  148  with any project that is limited to resurfacing existing lanes
  149  unless the expenditure has been approved by the department’s
  150  secretary or the secretary’s designee. To the greatest extent
  151  practical, at least a minimum of 50 percent of the funds
  152  allocated under this subsection shall be allocated for large
  153  plant materials and the remaining funds for other plant
  154  materials. Except as prohibited by applicable federal law or
  155  regulation, all plant materials shall be purchased from Florida
  156  commercial nursery stock in this state on a uniform competitive
  157  bid basis. The department shall develop grades and standards for
  158  landscaping materials purchased through this process. To
  159  accomplish these activities, the department may contract with
  160  nonprofit organizations having the primary purpose of developing
  161  youth employment opportunities.
  162         Section 5. Subsection (5) of section 338.161, Florida
  163  Statutes, is amended to read:
  164         338.161 Authority of department or toll agencies to
  165  advertise and promote electronic toll collection; expanded uses
  166  of electronic toll collection system; authority of department to
  167  collect tolls, fares, and fees for private and public entities.—
  168         (5) If the department finds that it can increase nontoll
  169  revenues or add convenience or other value for its customers,
  170  and if a public or private transportation facility owner agrees
  171  that its facility will become interoperable with the
  172  department’s electronic toll collection and video billing
  173  systems, the department may is authorized to enter into an
  174  agreement with the owner of such facility under which the
  175  department uses private or public entities for the department’s
  176  use of its electronic toll collection and video billing systems
  177  to collect and enforce for the owner tolls, fares,
  178  administrative fees, and other applicable charges due imposed in
  179  connection with use of the owner’s facility transportation
  180  facilities of the private or public entities that become
  181  interoperable with the department’s electronic toll collection
  182  system. The department may modify its rules regarding toll
  183  collection procedures and the imposition of administrative
  184  charges to be applicable to toll facilities that are not part of
  185  the turnpike system or otherwise owned by the department. This
  186  subsection does may not be construed to limit the authority of
  187  the department under any other provision of law or under any
  188  agreement entered into before prior to July 1, 2012.
  189         Section 6. Subsections (3) and (4) of section 338.26,
  190  Florida Statutes, are amended to read:
  191         338.26 Alligator Alley toll road.—
  192         (3)(a) Fees generated from tolls shall be deposited in the
  193  State Transportation Trust Fund and shall be used:, and any
  194  amount of funds generated annually in excess of that required
  195         1. To reimburse outstanding contractual obligations;,
  196         2. To operate and maintain the highway and toll facilities,
  197  including reconstruction and restoration;,
  198         3. To pay for those projects that are funded with Alligator
  199  Alley toll revenues and that are contained in the 1993-1994
  200  adopted work program or the 1994-1995 tentative work program
  201  submitted to the Legislature on February 22, 1994;, and
  202         4. To design develop and construct operate a fire station
  203  at mile marker 63 on Alligator Alley, which may be used by a
  204  county or another local governmental entity to provide fire,
  205  rescue, and emergency management services to the public on
  206  adjacent counties along Alligator Alley; and
  207         5.By interlocal agreement effective July 1, 2014, through
  208  no later than June 30, 2017, to reimburse a county or another
  209  local governmental entity for the direct actual costs of
  210  operating such fire station.,
  211         (b)Funds generated annually in excess of those required to
  212  pay the expenses in paragraph (a) may be transferred to the
  213  Everglades Fund of the South Florida Water Management District
  214  in accordance with the memorandum of understanding of June 30,
  215  1997, between the district and the department. The South Florida
  216  Water Management District shall deposit funds for projects
  217  undertaken pursuant to s. 373.4592 in the Everglades Trust Fund
  218  pursuant to s. 373.45926(4)(a). Any funds remaining in the
  219  Everglades Fund may be used for environmental projects to
  220  restore the natural values of the Everglades, subject to
  221  compliance with any applicable federal laws and regulations.
  222  Projects must shall be limited to:
  223         1.(a) Highway redesign to allow for improved sheet flow of
  224  water across the southern Everglades.
  225         2.(b) Water conveyance projects to enable more water
  226  resources to reach Florida Bay to replenish marine estuary
  227  functions.
  228         3.(c) Engineering design plans for wastewater treatment
  229  facilities as recommended in the Water Quality Protection
  230  Program Document for the Florida Keys National Marine Sanctuary.
  231         4.(d) Acquisition of lands to move STA 3/4 out of the Toe
  232  of the Boot, provided such lands are located within 1 mile of
  233  the northern border of STA 3/4.
  234         5.(e) Other Everglades Construction Projects as described
  235  in the February 15, 1994, conceptual design document.
  236         (4) The district may issue revenue bonds or notes under s.
  237  373.584 and pledge the revenue from the transfers from the
  238  Alligator Alley toll revenues as security for such bonds or
  239  notes. The proceeds from such revenue bonds or notes shall be
  240  used for environmental projects; at least 50 percent of said
  241  proceeds must be used for projects that benefit Florida Bay, as
  242  described in this section subject to resolutions approving such
  243  activity by the Board of Trustees of the Internal Improvement
  244  Trust Fund and the governing board of the South Florida Water
  245  Management District and the remaining proceeds must be used for
  246  restoration activities in the Everglades Protection Area.
  247         Section 7. Paragraph (d) of subsection (3) of section
  248  343.82, Florida Statutes, is amended to read:
  249         343.82 Purposes and powers.—
  250         (3)
  251         (d) The authority may undertake projects or other
  252  improvements in the master plan in phases as particular projects
  253  or segments thereof become feasible, as determined by the
  254  authority. In carrying out its purposes and powers, the
  255  authority may request funding and technical assistance from the
  256  department and appropriate federal and local agencies,
  257  including, but not limited to, state infrastructure bank loans,
  258  advances from the Toll Facilities Revolving Trust Fund, and from
  259  any other sources.
  260         Section 8. Subsection (4) of section 343.922, Florida
  261  Statutes, is amended to read:
  262         343.922 Powers and duties.—
  263         (4) The authority may undertake projects or other
  264  improvements in the master plan in phases as particular projects
  265  or segments become feasible, as determined by the authority. The
  266  authority shall coordinate project planning, development, and
  267  implementation with the applicable local governments. The
  268  authority’s projects that are transportation oriented must shall
  269  be consistent to the maximum extent feasible with the adopted
  270  local government comprehensive plans at the time such projects
  271  they are funded for construction. Authority projects that are
  272  not transportation oriented and meet the definition of
  273  development pursuant to s. 380.04 must shall be consistent with
  274  the local comprehensive plans. In carrying out its purposes and
  275  powers, the authority may request funding and technical
  276  assistance from the department and appropriate federal and local
  277  agencies, including, but not limited to, state infrastructure
  278  bank loans, advances from the Toll Facilities Revolving Trust
  279  Fund, and funding and technical assistance from any other
  280  source.
  281         Section 9. Section 373.4137, Florida Statutes, is amended
  282  to read:
  283         373.4137 Mitigation requirements for specified
  284  transportation projects.—
  285         (1) The Legislature finds that environmental mitigation for
  286  the impact of transportation projects proposed by the Department
  287  of Transportation or a transportation authority established
  288  pursuant to chapter 348 or chapter 349 can be more effectively
  289  achieved by regional, long-range mitigation planning rather than
  290  on a project-by-project basis. It is the intent of the
  291  Legislature that mitigation to offset the adverse effects of
  292  these transportation projects be funded by the Department of
  293  Transportation and be carried out by the use of mitigation banks
  294  and any other mitigation options that satisfy state and federal
  295  requirements in a manner that promotes efficiency, timeliness in
  296  project delivery, and cost-effectiveness.
  297         (2) Environmental impact inventories for transportation
  298  projects proposed by the Department of Transportation or a
  299  transportation authority established pursuant to chapter 348 or
  300  chapter 349 shall be developed as follows:
  301         (a) By July 1 of each year, the Department of
  302  Transportation, or a transportation authority established
  303  pursuant to chapter 348 or chapter 349 which chooses to
  304  participate in the program, shall submit to the water management
  305  districts a list of its projects in the adopted work program and
  306  an environmental impact inventory of habitat impacts and the
  307  anticipated mitigation needed to offset impacts as described in
  308  paragraph (b). The environmental impact inventory must be based
  309  on habitats addressed in the rules adopted pursuant to this
  310  part, and s. 404 of the Clean Water Act, 33 U.S.C. s. 1344, and
  311  the Department of Transportation’s which may be impacted by its
  312  plan of construction for transportation projects in the next 3
  313  years of the tentative work program. The Department of
  314  Transportation or a transportation authority established
  315  pursuant to chapter 348 or chapter 349 may also include in its
  316  environmental impact inventory the habitat impacts and the
  317  anticipated amount of mitigation needed for of any future
  318  transportation project. The Department of Transportation and
  319  each transportation authority established pursuant to chapter
  320  348 or chapter 349 may fund any mitigation activities for future
  321  projects using current year funds.
  322         (b) The environmental impact inventory must shall include a
  323  description of these habitat impacts, including their location,
  324  acreage, and type; the anticipated mitigation needed based on
  325  the functional loss as determined through the Uniform Mitigation
  326  Assessment Method (UMAM) adopted in chapter 62-345, Florida
  327  Administrative Code; identification of the proposed mitigation
  328  option; state water quality classification of impacted wetlands
  329  and other surface waters; any other state or regional
  330  designations for these habitats; and a list of threatened
  331  species, endangered species, and species of special concern
  332  affected by the proposed project.
  333         (c) Before projects are identified for inclusion in a water
  334  management district mitigation plan as described in subsection
  335  (4), the Department of Transportation must consider using
  336  credits from a permitted mitigation bank. The Department of
  337  Transportation must consider the availability of suitable and
  338  sufficient mitigation bank credits within the transportation
  339  project’s area, the ability to satisfy commitments to regulatory
  340  and resource agencies, the availability of suitable and
  341  sufficient mitigation purchased or developed under this section,
  342  the ability to complete suitable existing water management
  343  district or Department of Environmental Protection mitigation
  344  sites initiated with Department of Transportation mitigation
  345  funds, and the ability to satisfy state and federal
  346  requirements, including long-term maintenance and liability.
  347         (3)(a) To implement the mitigation option fund development
  348  and implementation of the mitigation plan for the projected
  349  impacts identified in the environmental impact inventory
  350  described in subsection (2), the Department of Transportation
  351  may purchase credits for current and future use directly from a
  352  mitigation bank, purchase mitigation services through the water
  353  management districts or the Department of Environmental
  354  Protection, conduct its own mitigation, or use other mitigation
  355  options that meet state and federal requirements. Funding for
  356  the identified mitigation option as described in the
  357  environmental impact inventory must be included in shall
  358  identify funds quarterly in an escrow account within the State
  359  Transportation Trust Fund for the environmental mitigation phase
  360  of projects budgeted by the Department of Transportation’s work
  361  program developed pursuant to s. 339.135 Transportation for the
  362  current fiscal year. The amount programmed each year by the
  363  Department of Transportation and participating transportation
  364  authorities established pursuant to chapter 348 or chapter 349
  365  must correspond to an estimated cost per credit of $150,000
  366  multiplied by the projected number of credits identified in the
  367  environmental impact inventory described in subsection (2). This
  368  estimated cost per credit must be adjusted every 2 years by the
  369  Department of Transportation based on the average cost per UMAM
  370  credit paid through this section The escrow account shall be
  371  maintained by the Department of Transportation for the benefit
  372  of the water management districts. Any interest earnings from
  373  the escrow account shall remain with the Department of
  374  Transportation.
  375         (b) Each transportation authority established pursuant to
  376  chapter 348 or chapter 349 which that chooses to participate in
  377  this program shall create an escrow account within its financial
  378  structure and deposit funds in the account to pay for the
  379  environmental mitigation phase of projects budgeted for the
  380  current fiscal year. The escrow account shall be maintained by
  381  the authority for the benefit of the water management districts.
  382  Any interest earnings from the escrow account must shall remain
  383  with the authority.
  384         (c) For mitigation implemented by the water management
  385  district or the Department of Environmental Protection, as
  386  appropriate, the amount paid each year must be based on
  387  mitigation services provided by the water management districts
  388  or the Department of Environmental Protection pursuant to an
  389  approved water management district mitigation plan, as described
  390  in subsection (4). Except for current mitigation projects in the
  391  monitoring and maintenance phase and except as allowed by
  392  paragraph (d), The water management districts or the Department
  393  of Environmental Protection, as appropriate, may request payment
  394  a transfer of funds from an escrow account no sooner than 30
  395  days before the date the funds are needed to pay for activities
  396  associated with development or implementation of permitted
  397  mitigation that meets the requirements of this part, 33 U.S.C.
  398  s. 1344, and 33 C.F.R. part 332, in the approved water
  399  management district mitigation plan described in subsection (4)
  400  for the current fiscal year, including, but not limited to,
  401  design, engineering, production, and staff support. Actual
  402  conceptual plan preparation costs incurred before plan approval
  403  may be submitted to the Department of Transportation or the
  404  appropriate transportation authority each year with the plan.
  405  The conceptual plan preparation costs of each water management
  406  district will be paid from mitigation funds associated with the
  407  environmental impact inventory for the current year. The amount
  408  transferred to the escrow accounts each year by the Department
  409  of Transportation and participating transportation authorities
  410  established pursuant to chapter 348 or chapter 349 shall
  411  correspond to a cost per acre of $75,000 multiplied by the
  412  projected acres of impact identified in the environmental impact
  413  inventory described in subsection (2). However, the $75,000 cost
  414  per acre does not constitute an admission against interest by
  415  the state or its subdivisions and is not admissible as evidence
  416  of full compensation for any property acquired by eminent domain
  417  or through inverse condemnation. Each July 1, the cost per acre
  418  shall be adjusted by the percentage change in the average of the
  419  Consumer Price Index issued by the United States Department of
  420  Labor for the most recent 12-month period ending September 30,
  421  compared to the base year average, which is the average for the
  422  12-month period ending September 30, 1996. Each quarter, The
  423  projected amount of mitigation acreage of impact shall be
  424  reconciled each quarter with the actual amount of mitigation
  425  needed for acreage of impact of projects as permitted, including
  426  permit modifications, pursuant to this part and s. 404 of the
  427  Clean Water Act, 33 U.S.C. s. 1344. The subject year’s
  428  programming transfer of funds shall be adjusted accordingly to
  429  reflect the mitigation acreage of impacts as permitted. If the
  430  water management district excludes a project from an approved
  431  water management district mitigation plan, if the water
  432  management district cannot timely permit a mitigation site to
  433  offset the impacts of a Department of Transportation project
  434  identified in the environmental impact inventory, or if the
  435  proposed mitigation does not meet state and federal
  436  requirements, the Department of Transportation may use the
  437  associated funds for the purchase of mitigation bank credits or
  438  any other mitigation option that satisfies state and federal
  439  requirements. The Department of Transportation and participating
  440  transportation authorities established pursuant to chapter 348
  441  or chapter 349 are authorized to transfer such funds from the
  442  escrow accounts to the water management districts to carry out
  443  the mitigation programs. Environmental mitigation funds that are
  444  identified for or maintained in an escrow account for the
  445  benefit of a water management district may be released if the
  446  associated transportation project is excluded in whole or part
  447  from the mitigation plan. For a mitigation project that is in
  448  the maintenance and monitoring phase, the water management
  449  district may request and receive a one-time payment based on the
  450  project’s expected future maintenance and monitoring costs. Upon
  451  final disbursement of the final maintenance and monitoring
  452  payment for mitigation of a transportation project as permitted,
  453  the obligation of the Department of Transportation or the
  454  participating transportation authority is satisfied, and the
  455  water management district or the Department of Environmental
  456  Protection, as appropriate, has continuing responsibility for
  457  the mitigation project, the escrow account for the project
  458  established by the Department of Transportation or the
  459  participating transportation authority may be closed. Any
  460  interest earned on these disbursed funds shall remain with the
  461  water management district and must be used as authorized under
  462  this section.
  463         (d) Beginning with the March 2015 water management district
  464  mitigation plans in the 2005-2006 fiscal year, each water
  465  management district or the Department of Environmental
  466  Protection, as appropriate, shall invoice the Department of
  467  Transportation for mitigation services to offset only the
  468  impacts of a Department of Transportation project identified in
  469  the environmental impact inventory, including planning, design,
  470  construction, maintenance and monitoring, and other costs
  471  necessary to meet the requirements of this section, 33 U.S.C. s.
  472  1344, and 33 C.F.R. part 332 be paid a lump-sum amount of
  473  $75,000 per acre, adjusted as provided under paragraph (c), for
  474  federally funded transportation projects that are included on
  475  the environmental impact inventory and that have an approved
  476  mitigation plan. If the water management district identifies the
  477  use of mitigation bank credits to offset a Department of
  478  Transportation impact, the water management district shall
  479  exclude that purchase from the mitigation plan, and the
  480  Department of Transportation shall purchase the bank credits.
  481  Beginning in the 2009-2010 fiscal year, each water management
  482  district shall be paid a lump-sum amount of $75,000 per acre,
  483  adjusted as provided under paragraph (c), for federally funded
  484  and nonfederally funded transportation projects that have an
  485  approved mitigation plan. All mitigation costs, including, but
  486  not limited to, the costs of preparing conceptual plans and the
  487  costs of design, construction, staff support, future
  488  maintenance, and monitoring the mitigated acres shall be funded
  489  through these lump-sum amounts.
  490         (e) For mitigation activities occurring on existing water
  491  management district or Department of Environmental Protection
  492  mitigation sites initiated with Department of Transportation
  493  mitigation funds before July 1, 2013, the water management
  494  district or the Department of Environmental Protection, as
  495  appropriate, shall invoice the Department of Transportation or a
  496  participating transportation authority at a cost per acre of
  497  $75,000 multiplied by the projected acres of impact as
  498  identified in the environmental impact inventory. The cost per
  499  acre must be adjusted by the percentage change in the average of
  500  the Consumer Price Index issued by the United States Department
  501  of Labor for the most recent 12-month period ending September
  502  30, compared to the base year average, which is the average for
  503  the 12-month period ending September 30, 1996. When implementing
  504  the mitigation activities necessary to offset the permitted
  505  impacts as provided in the approved mitigation plan, the water
  506  management district shall maintain records of the costs incurred
  507  in implementing the mitigation. The records must include, but
  508  are not limited to, costs for planning, land acquisition,
  509  design, construction, staff support, long-term maintenance and
  510  monitoring of the mitigation site, and other costs necessary to
  511  meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. part
  512  332.
  513         (f) For purposes of preparing and implementing the
  514  mitigation plans to be adopted by the water management districts
  515  on or before March 1, 2014, for impacts based on the July 1,
  516  2013, environmental impact inventory, the funds identified in
  517  the Department of Transportation’s work program or participating
  518  transportation authorities’ escrow accounts must correspond to a
  519  cost per acre of $75,000 multiplied by the projected acres of
  520  impact as identified in the environmental impact inventory. The
  521  cost per acre must be adjusted by the percentage change in the
  522  average of the Consumer Price Index issued by the United States
  523  Department of Labor for the most recent 12-month period ending
  524  September 30, compared to the base year average, which is the
  525  average for the 12-month period ending September 30, 1996.
  526  Payment under this paragraph is limited to mitigation activities
  527  that are identified in the first year of the 2013 mitigation
  528  plan and for which the transportation project is permitted and
  529  are in the Department of Transportation’s adopted work program,
  530  or equivalent for a transportation authority. When implementing
  531  the mitigation activities necessary to offset the permitted
  532  impacts as provided in the approved mitigation plan, the water
  533  management district shall maintain records of the costs incurred
  534  in implementing the mitigation. The records must include, but
  535  are not limited to, costs for planning, land acquisition,
  536  design, construction, staff support, long-term maintenance and
  537  monitoring of the mitigation site, and other costs necessary to
  538  meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. part
  539  332. To the extent moneys paid to a water management district by
  540  the Department of Transportation or a participating
  541  transportation authority are greater than the amount spent by
  542  the water management districts in implementing the mitigation to
  543  offset the permitted impacts, these funds must be refunded to
  544  the Department of Transportation or participating transportation
  545  authority. This paragraph expires June 30, 2015.
  546         (4) Before March 1 of each year, each water management
  547  district shall develop a mitigation plan to offset only the
  548  impacts of transportation projects in the environmental impact
  549  inventory for which a water management district is implementing
  550  mitigation that meets the requirements of this section, 33
  551  U.S.C. s. 1344, and 33 C.F.R. part 332. The water management
  552  district mitigation plan must be developed, in consultation with
  553  the Department of Environmental Protection, the United States
  554  Army Corps of Engineers, the Department of Transportation,
  555  participating transportation authorities established pursuant to
  556  chapter 348 or chapter 349, and other appropriate federal,
  557  state, and local governments, and other interested parties,
  558  including entities operating mitigation banks, shall develop a
  559  plan for the primary purpose of complying with the mitigation
  560  requirements adopted pursuant to this part and 33 U.S.C. s.
  561  1344. In developing such plans, the water management districts
  562  shall use sound ecosystem management practices to address
  563  significant water resource needs and consider shall focus on
  564  activities of the Department of Environmental Protection and the
  565  water management districts, such as surface water improvement
  566  and management (SWIM) projects and lands identified for
  567  potential acquisition for preservation, restoration, or
  568  enhancement, and the control of invasive and exotic plants in
  569  wetlands and other surface waters, to the extent that the
  570  activities comply with the mitigation requirements adopted under
  571  this part, and 33 U.S.C. s. 1344, and 33 C.F.R. part 332. The
  572  water management district mitigation plan must identify each
  573  site where the water management district will mitigate for a
  574  transportation project. For each mitigation site, the water
  575  management district shall provide the scope of the mitigation
  576  services; provide the functional gain as determined through the
  577  UMAM adopted in chapter 62-345, Florida Administrative Code;
  578  describe how the mitigation offsets the impacts of each
  579  transportation project as permitted; and provide a schedule for
  580  the mitigation services. The water management districts shall
  581  maintain records of costs incurred and payments received for
  582  providing these services. Records must include, but are not
  583  limited to, planning, land acquisition, design, construction,
  584  staff support, long-term maintenance and monitoring of the
  585  mitigation site, and other costs necessary to meet the
  586  requirements of 33 U.S.C. s. 1344 and 33 C.F.R. part 332. To the
  587  extent moneys paid to a water management district by the
  588  Department of Transportation or a participating transportation
  589  authority are greater than the amount spent by the water
  590  management districts in providing the mitigation services to
  591  offset the permitted transportation project impacts, these
  592  moneys must be refunded to the Department of Transportation or
  593  participating transportation authority In determining the
  594  activities to be included in the plans, the districts shall
  595  consider the purchase of credits from public or private
  596  mitigation banks permitted under s. 373.4136 and associated
  597  federal authorization and shall include the purchase as a part
  598  of the mitigation plan when the purchase would offset the impact
  599  of the transportation project, provide equal benefits to the
  600  water resources than other mitigation options being considered,
  601  and provide the most cost-effective mitigation option. The
  602  mitigation plan shall be submitted to the water management
  603  district governing board, or its designee, for review and
  604  approval. At least 14 days before approval by the governing
  605  board, the water management district shall provide a copy of the
  606  draft mitigation plan to the Department of Environmental
  607  Protection and any person who has requested a copy. Subsequent
  608  to the governing board approval, the mitigation plan shall be
  609  submitted to the Department of Environmental Protection for
  610  approval. The plan may not be implemented until it is submitted
  611  to, and approved, in part or in its entirety, by, the Department
  612  of Environmental Protection.
  613         (a) For each transportation project with a funding request
  614  for the next fiscal year, the mitigation plan must include a
  615  brief explanation of why a mitigation bank was or was not chosen
  616  as a mitigation option, including an estimation of identifiable
  617  costs of the mitigation bank and nonbank options and other
  618  factors such as time saved, liability for success of the
  619  mitigation, and long-term maintenance.
  620         (a)(b) Specific projects may be excluded from the
  621  mitigation plan, in whole or in part, and are not subject to
  622  this section upon the election of the Department of
  623  Transportation, a transportation authority if applicable, or the
  624  appropriate water management district. The Department of
  625  Transportation or a participating transportation authority may
  626  not exclude a transportation project from the mitigation plan if
  627  mitigation is scheduled for implementation by the water
  628  management district in the current fiscal year unless the
  629  transportation project is removed from the Department of
  630  Transportation’s work program or transportation authority
  631  funding plan, the mitigation cannot be timely permitted to
  632  offset the impacts of a Department of Transportation project
  633  identified in the environmental impact inventory, or the
  634  proposed mitigation does not meet state and federal
  635  requirements. If a project is removed from the work program or
  636  the mitigation plan, costs spent by the water management
  637  district before removal are eligible for reimbursement by the
  638  Department of Transportation or participating transportation
  639  authority.
  640         (b)(c) When determining which projects to include in or
  641  exclude from the mitigation plan, the Department of
  642  Transportation shall investigate using credits from a permitted
  643  mitigation bank before those projects are submitted for
  644  inclusion in a water management district mitigation the plan.
  645  The Department of Transportation shall exclude a project from
  646  the mitigation plan if the investigation undertaken pursuant to
  647  this paragraph results in the conclusion that the use of credits
  648  from a permitted mitigation bank promotes efficiency, timeliness
  649  in project delivery, The investigation shall consider the cost
  650  effectiveness, and of mitigation bank credits, including, but
  651  not limited to, factors such as time saved, transfer of
  652  liability for success of the mitigation, and long-term
  653  maintenance.
  654         (5) The water management district shall ensure that
  655  mitigation requirements pursuant to 33 U.S.C. s. 1344 and 33
  656  C.F.R. part 332 are met for the impacts identified in the
  657  environmental impact inventory for which the water management
  658  district will implement mitigation described in subsection (2),
  659  by implementation of the approved mitigation plan described in
  660  subsection (4) to the extent funding is provided by the
  661  Department of Transportation, or a transportation authority
  662  established pursuant to chapter 348 or chapter 349, if
  663  applicable. In developing and implementing the mitigation plan,
  664  the water management district shall comply with federal
  665  permitting requirements pursuant to 33 U.S.C. s. 1344 and 33
  666  C.F.R. part 332. During the federal permitting process, the
  667  water management district may deviate from the approved
  668  mitigation plan in order to comply with federal permitting
  669  requirements upon notice and coordination with the Department of
  670  Transportation or participating transportation authority.
  671         (6) The water management district mitigation plans shall be
  672  updated annually to reflect the most current Department of
  673  Transportation work program and project list of a transportation
  674  authority established pursuant to chapter 348 or chapter 349, if
  675  applicable, and may be amended throughout the year to anticipate
  676  schedule changes or additional projects that which may arise.
  677  Before amending the mitigation plan to include new projects, the
  678  Department of Transportation must consider mitigation banks and
  679  other available mitigation options that meet state and federal
  680  requirements. Each update and amendment of the mitigation plan
  681  shall be submitted to the governing board of the water
  682  management district or its designee for approval. However, such
  683  approval does shall not apply be applicable to a deviation as
  684  described in subsection (5).
  685         (7) Upon approval by the governing board of the water
  686  management district and the Department of Environmental
  687  Protection or its designee, the mitigation plan shall be deemed
  688  to satisfy the mitigation requirements under this part for
  689  impacts specifically identified in the environmental impact
  690  inventory described in subsection (2) and any other mitigation
  691  requirements imposed by local, regional, and state agencies for
  692  these same impacts. The approval of the governing board of the
  693  water management district and the Department of Environmental
  694  Protection authorizes or its designee shall authorize the
  695  activities proposed in the mitigation plan, and no other state,
  696  regional, or local permit or approval is shall be necessary.
  697         (8) This section does shall not be construed to eliminate
  698  the need for the Department of Transportation or a
  699  transportation authority established pursuant to chapter 348 or
  700  chapter 349 to comply with the requirement to implement
  701  practicable design modifications, including realignment of
  702  transportation projects, to reduce or eliminate the impacts of
  703  its transportation projects on wetlands and other surface waters
  704  as required by rules adopted pursuant to this part, or to
  705  diminish the authority under this part to regulate other
  706  impacts, including water quantity or water quality impacts, or
  707  impacts regulated under this part which that are not identified
  708  in the environmental impact inventory described in subsection
  709  (2).
  710         (9) The process for environmental mitigation for the impact
  711  of transportation projects under this section shall be available
  712  to an expressway, bridge, or transportation authority
  713  established under chapter 348 or chapter 349. Use of this
  714  process may be initiated by an authority depositing the
  715  requisite funds into an escrow account set up by the authority
  716  and filing an environmental impact inventory with the
  717  appropriate water management district. An authority that
  718  initiates the environmental mitigation process established by
  719  this section shall comply with subsection (6) by timely
  720  providing the appropriate water management district with the
  721  requisite work program information. A water management district
  722  may draw down funds from the escrow account as provided in this
  723  section.
  724         Section 10. Section 373.618, Florida Statutes, is amended
  725  to read:
  726         373.618 Public service warnings, alerts, and
  727  announcements.—The Legislature believes it is in the public
  728  interest that each all water management district districts
  729  created pursuant to s. 373.069 own, acquire, develop, construct,
  730  operate, and manage public information systems. Public
  731  information systems may be located on property owned by the
  732  water management district, upon terms and conditions approved by
  733  the water management district, and must display messages to the
  734  general public concerning water management services, activities,
  735  events, and sponsors, as well as other public service
  736  announcements, including watering restrictions, severe weather
  737  reports, amber alerts, and other essential information needed by
  738  the public. Local government review or approval is not required
  739  for a public information system owned or hereafter acquired,
  740  developed, or constructed by the water management district on
  741  its own property. A public information system is subject to
  742  exempt from the requirements of chapter 479. Water management
  743  district funds may not be used to pay the cost to acquire,
  744  develop, construct, operate, or manage a public information
  745  system. Such system Any necessary funds for a public information
  746  system shall be paid for with funds and collected from private
  747  sponsors, who may display commercial messages.
  748         Section 11. This act shall take effect July 1, 2014.